Commonwealth of Kentucky v. Environmental Protection Agency

MOTION BY CENTER FOR ENVIRONMENTAL ACCOUNTABILITY FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF PETITIONERS

Summary of the Argument

Despite propping up the electric vehicle industry for many years, EPA still acknowledges that these vehicles cost far more to purchase and maintain over the life of an internal combustion engine vehicle. EPA has drastically undersold the true cost of electric vehicles to manufacturers, obscured the extent to which manufacturers and retailers must raise prices for internal combustion engine vehicles in order to achieve compliance with the emissions standards, and hidden this cost-shifting from the many consumers who, while having no desire to purchase an EV, unwittingly foot the bill for the small segment of Americans who do. EPA has not adequately conducted a cost-benefit analysis of these regulatory cross-subsidies or disclosed them to consumers, rendering this regime arbitrary and capricious.